Housing rights if one partner is the sole tenant

Where a couple are cohabiting and the property is in one name only, the non-tenant/non-licensee cohabitant has no automatic right to occupy arising from their relationship with the tenant/licensee. The non-tenant/non-licensee cohabitant usually has the status of a bare licensee, ie they are only entitled to remain in the family home as long as the tenant/licensee cohabitant gives permission.

Family mediation can help families resolve disputes about children or financial matters away from the courts. This is a voluntary process where family members can meet safely in the presence of an impartial and independent family mediator to discuss disputes. It does not aim to help people get back together, but to help them manage their future better.

For more information see Gov.uk – Money and property when a relationship ends.

If the tenant/licensee wants the partner to leave, all that is legally required is 'reasonable notice'. Once the notice expires, the non-tenant/non-licensee cohabitant becomes a trespasser.

Family law and housing law applies to cohabiting couples experiencing a relationship breakdown who occupy under a sole tenancy or sole licence.

Family Law

The Family Law Act 1996 gives some cohabitants the right to apply for an occupation order of the family home. It also allows the court to order a transfer of liabilities in respect of a family home rented solely by one of the partners and to order a transfer of tenancy from one cohabitant to the other. For cohabitants with children, the Children Act 1989 may also be relevant.

Housing law

The rights of cohabitants where one of them is a sole tenant or sole licensee to occupy the family home are largely governed by housing law. Housing law explains the status of occupiers and determines their rights to occupy. It lays down rules about assignment of tenancies, termination of tenancies and licences and rights to protection from eviction. It contains rules that determine who is liable for rent and arrears. The relevant legislation in each situation will depend on the particular type of tenancy or licence.

Sole tenancies and licences

A sole tenancy means that one person only is the tenant or licensee of the property, even though other people may be living there. The term 'non-tenant cohabitant' is used for the cohabiting partner who is not the tenant of the family home and 'non-licensee cohabitant' for the cohabiting partner who is not the licensee of the family home.